The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-05-22
Judge Sutherland at the
University Yesterday.
TRANSPARENCY OF TIT
By Gift-By Act Of Law-By Judg-
ment - Cases OF Intestacy-
Dividing Estates.

particularly distinguishable. The frs
| is that in which the donor hands owe
the, gift to the donee and the It'll
| then vests IL the latter. To make sucl
a transfer, actual delivery Of the git
is necessary; neither a symbolica
delivery or promise constitutes
legal gift, either of these being defeasi
bic. But in a gift with actual transfe
Of property, the donor cannot after
wards rescind his action, if the subjec
OF the gift is certain, and there EXISTED
mutual consent between the parties
The second is a donation in contem
plation of death. The effects of such 1
transaction are the same as those of {
gift. But the donor may at any time
revoke the gift; and should the gift b'
promised in expectation of speedy
death, and the donor RECEIVERS, or. if the
donee dies first, the gift is revoked
Rights in action may be the subject oil
a gift, if definitely delivered. A note
equivalent to gift; the note must be
paid: Gifts are not good as against
creditors of the donor, since the law
recognizes superior right IN those
who acquire for consideration.
II. BY ACT OF LAw.-The first OF the e
is forfeiture to the state for crime. By
the common law, the estate aud goods
of feions were forfeited to the king. In
I'm 70 70 :
haze mostly done away with forfeitures.
Yet, some CD ain under the liquor laws,
by which the property of the business
of a man engaging in illicit liquor sell
ing, may be forfeited. There are some
cases of forfeiture arising from the de-
tected attempt to defraud the govern
ment in the use of revenue stamps; and
forfeitures may occur by the law OF ma
tons in times of war, when the prop
erty of either belligerent may, under
some circumstances, be seized.
such seizures are followed by
trial in which the party los
ing the goods may dispute the for
fe.ture. As stated under 'TransferenCe
of Title" a man coveted of treason
against our government may forfeit his
property while ne lives, after which it
goes to his heirs.
Transference of title by judgment
arises in cases in which there are sew
eral claimants to the same property.
The court seeks to ascertain VINO is the
rightful owner, ard awards that person
the property. Another casesis as fol-
lows: "A has unlawfully taken B's
property, and B. sues for damages.
This means that B consents TO the
transaction, if A will recompense him.
If the court awards. damages to b, the
property taken is legally transferred TO
A. But if B brings suit to recover his
property, and is successful, the prop
erty will be returned to him. If per-
con has suffered an injury at the hands
of another, or if he is creditor, then
the money due TO him IS property in the
full sense, and his right to turn this
general property Tor cIaim) into prop
erty definite in amount "a sum OF
for example). will exist until
the claim has been adjusted,
Another mode of tranSference is
through bankruptcy or insolvency,
the practical effects of the proceedings
being alike in both. A man is a bank
rupt when he has committed an act that
is defined in the statutes as an act of
bankruptcy. Originally, such an act
was one OF delinquency or fraud. Now
any individual unable 10 pay his detts
may be bankrupt. Acts of bank
ruptcy are those by reason of which
mans creditors apprehend that. he is
approaching bankruptcy, or that leads
them to believe he is taking a course of
action to defeat the collection of dues
and thus to defeat his creditors. In
solvency means about the same as
bankruptcy; it was formerly applied
to persons that were not mer-
chants. The trainers of the Constitution
that the diverse industri s
and interest of so broad country as
ours would give rise to so much ir-
in bankrupt laws, provided
that Congress should have power to
establish uniform laws on the subject
Of bankruptcy throughout the United
States. When the bankrupt so declares
himself, or his creditors prove his acts
Of bankruptcy, his property is subject
to seizures by the court, viii be admin
stered to pay his debts, and whatever
remains he will receive. Should his
be found insufficient to fully
cancel his debts, he is never
theless freed from all liability
them, after his prop
srty has been once thus seized
and administered by the court. By the
common law, the bankrupt was arrested
md imprisoned, and the improvements
made by subsequent legislation have
been mostly in his favor. Each State
nay, in the absence of general legisla-
ion by Congress, pass bankrupt laws:
)ut these Go not affect creditors in
)ther States unless the debt is made
payable in the State that passed the
aw. Nor do they apply to debts con-
racted before the passage of the law,
lnce the obligation OF contracts can
lot be i'm paired.
Transference of title occurs in cases
It lDtestacy-wheD a person dies with
ut having made valid will. An ad-
Illustrator, appointed by the court. is
equired to make complete inventory
Il the property of the deceased. He
as the temporary right OF possession:
e is bound 10 faithful performance
/ uty to preserve the properly. TO
ender a full account Of il, being
nargesble with what is lost, unless :
e can show that it was
trough no fault of his. and
} deliver and pay over this
roperty TO the person entitled 20 it.
he heirs are entitled to the property
tter the payment of the debts. The
b dreu have the highest claim; the
lie ba> dover Kindred within the
ime decree of consanguinIty share
/ Tally. Toe methed of dividing esta,es
II he best seen from an eyample.